National Tourism Administration

No. 38 "Tourism Administrative Punishment Measures" has been February 27, 2013 the National Tourism Administration of the third Secretary of the meeting examined and approved, is now announced, since October 1, 2013 shall come into effect.

National Tourism Administration Director: Shao Qiwei

May 12, 2013

Administrative Punishment for Tourism

Chapter 1 General Provisions

Article 1 In order to standardize the administrative punishment of tourism, maintain the order of the tourism market, protect the lawful rights and interests of tourists, tourism operators and tourism practitioners, according to the Administrative Punishment Law of the People's Republic of China, the Administrative Enforcement Law of the People's Republic of China, The People's Republic of China Tourism Law "and the relevant laws and regulations, the development of this approach.

Article 2 The implementation and supervision of tourism administrative penalties shall abide by the provisions of the Administrative Punishment Law of the People 's Republic of China, the Administrative Enforcement Law of the People' s Republic of China, the Travel Law of the People 's Republic of China and the relevant laws, regulations and the provisions of these Measures.

Article 3 The implementation of tourism administrative punishment shall follow the principle of combining lawfully and rationally, impartially and impartially, punishing and educating.

Article 4 The types of tourism administrative penalties include:

(A) warning;

(B) a fine;

(3) confiscate the illegal gains;

(4) to suspend or cancel the qualification of tourism business abroad;

(5) to order to suspend business for rectification;

(6) to suspend or revoke the tour guide card, leader card;

(7) revoke the travel business license;

(8) other types prescribed by laws and administrative regulations.

Article 5 The people's governments at or above the county level shall organize the departments in charge of tourism, relevant competent departments and administrative departments of industry and commerce administration, product quality supervision and transportation, and so on to carry out supervision and inspection on the relevant tourism business conduct.

The competent departments of tourism at or above the county level shall, at the same level, organize and lead the people's governments at the same level to strengthen the cooperation and joint inspection with the relevant departments.

The local tourism authorities at or above the county level shall gradually establish a cross-regional cooperative law enforcement mechanism to strengthen law enforcement cooperation and share tourism information and cooperate with other provinces in accordance with the law to impose administrative penalties on tourism operators and practitioners in the region.

Article 6 The tourism department and its law enforcement personnel shall keep the contents of the content of the trade secret or personal privacy in the administrative penalty.

Article 7 In addition to the state secrets, trade secrets and personal privacy, the results of administrative punishment should be made public.

The second chapter of the implementation of tourism administrative punishment subject and jurisdiction

Article 8 The competent department of tourism at or above the county level shall impose administrative penalties within the scope of statutory functions and powers.

Laws and regulations authorize the organization engaged in tourism law enforcement, should be within the scope of statutory authority to implement their own administrative penalties, and the consequences of the act independently bear legal responsibility.

Article 9 The competent department of tourism may, within the scope of its statutory functions and powers, entrust a tourism quality supervision institution that meets the statutory conditions to impose administrative penalties and bear legal responsibility for the consequences of the act. The entrusted office shall, within the scope of the entrustment, carry out administrative penalties in the name of the competent tourism department that entrusts it.

If the administrative department of tourism entrusts the imposition of administrative punishment, it shall sign a written power of attorney with the entrusted institution, specify the basis of the entrusted institution, the basis, matters, authority and responsibility of the entrusted institution, and report it to the competent department of tourism at the next level The name of the commission, delegate authority and matters to the public.

Commissioned the implementation of administrative penalties, you can set the commission period.

Article 10 The competent department of tourism above the county level shall strengthen the construction of administrative law enforcement teams, strengthen the education and training of law enforcement personnel, and comprehensively improve the quality of law enforcement personnel.

The law enforcement officers of the local tourism bureaus shall obtain the administrative law enforcement certificates issued by this Council; the law enforcement officers of the local tourism departments at or above the county level shall obtain the administrative law enforcement certificates issued by the local people's governments at or above the county level.

Article 11 The administrative penalty for tourism shall be governed by the local tourism department at or above the county level where the illegal act takes place.

Travel agencies to organize domestic tourism, tourism authorities in the investigation and handling of illegal activities, found that the group has other illegal acts, the relevant materials or copies of the group should be sent to the local community above the county level tourism department. Travel agency organization outbound travel violations of the punishment, by the delegation at the county level above the local tourism authorities jurisdiction.

Article 12 The National Tourism Administration shall be responsible for investigating cases that have a significant influence throughout the country.

The competent department of tourism of the province, autonomous region or municipality directly under the Central Government shall be responsible for investigating major and complicated cases in the region.

The jurisdiction of the municipal and county tourism authorities shall be determined by the competent department of tourism of the province, autonomous region or municipality directly under the Central Government.

Revocation of travel agency business license, tour guide card, leader card or cancel the country (territory) tourism business qualification of administrative penalties, by the district above the city level tourism authorities to make.

Article XIII tourism authorities found that the case has not been their own jurisdiction, should be transferred within 10 days of the jurisdiction of the tourism department or other departments to deal with. The competent department of tourism that has been transferred shall, if it considers that the case does not belong to the jurisdiction of this department, it shall be reported to the competent department of tourism at the next higher level and shall not transfer it by itself.

If the offense constitutes a crime, the case shall be transferred to the judicial organ in accordance with the provisions of the administrative law enforcement organ to transfer the case of suspected criminal case, and the administrative penalty shall not be substituted for criminal punishment.

Article 14 An administrative penalty case where two or more tourism authorities have jurisdiction shall be governed by the first competent department of tourism or by the relevant competent department of tourism; if the consultation fails, the competent administrative department of higher education shall appoint a jurisdiction The

Article 15 The competent department of tourism at the higher level shall have the right to investigate and deal with the cases under the jurisdiction of the lower tourism administrative department and may also refer the cases under their jurisdiction to the competent department of the lower tourism.

Subordinate tourism authorities in their jurisdiction of the case, that need to be investigated by the higher authorities in charge of tourism, can be reported to the higher authorities in charge of tourism decision.